LIBEL PROVED.

Waikato Times, Volume 117, Issue 18589, 30 May 1935, Page 6

LIBEL PROVED.

WORDING ON A LETTER.

DAMAGES FOR PLAINTIFF. In the case in which Arthur Henry Piper, motor engineer, of Hamilton, claimed £2OO damages from James Al r fred Thomas, motor engineer, of Frankton, for alleged libel and defamation of character, Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, yesterday gave judgment for plaintiff for £lO damages and costs amounting to £5 109.

In his statement of claim plaintiff alleged that defendant readdressed a letter to "Mr A. H. Piper, c.o. Replacements, Franklon," as follows: — “Motor Wrecker, Victoria Street, Hamilton.’’ The words, "Try Avondale," were written in one corner. Plaintiff also objected to defendant displaying in his own shop an old car axle with the words, “Piper special" on it. No evidence was called for the defendant.

The magistrate, in his judgment, said he was satisfied the words “Try Avondale" were used in a defamatory sense, although the word “Avondale” in Itself did not constitute libel as there was an Avondale racecourse and post office as well as an Avondale Mental Hospital. Defendant’s action In displaying the old car axle was, said Mr Paterson, derogatory to plaintiff but he considered the latter had suffered no material damage or loss of business.

Security for appeal was fixed as Mr Greene Intimated that plaintiff might not be satisfied with the damages awarded.